Michael Wayne McCollum v. State

• Court: Court of Appeals of Texas
• Decided: July 29, 2003
• Docket: 06-03-00050-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00050-CR

MICHAEL WAYNE MCCOLLUM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court

Fannin County, Texas

Trial Court No. 20558

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Michael Wayne McCollum has filed an appeal from his conviction on his plea of guilty, under a negotiated plea agreement, to the offense of aggravated assault with a deadly weapon. He was sentenced in accordance with the agreement to eighteen years' imprisonment and a restitution order of $200,000.00.

On April 21, 2003, we wrote counsel, informing him that we had noted a defect in the appeal, because the record did not contain a certification of McCollum's right to appeal.

Tex. R. App. P. 25.2(d) now requires a certification to be made part of the record in every appeal filed by a defendant. That certification is a form which is an appendix to the rule, and provides a certification by the trial court of the defendant's right to appeal. If the certification is not made part of the record, under the rule, we have no option but to dismiss the appeal.

In our letter we warned counsel that, if we did not receive the certification within ten days of the date of our letter, we would dismiss the appeal. As of the date of this opinion, counsel has not contacted this Court and no certification has been filed.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: July 28, 2003

Date Decided: July 29, 2003

Do Not Publish